Lawyers of beating death suspect want him to stay in Calgary

The 19-year-old Rider has been accused of beating to death Christa Cachene last October and he is now facing second-degree murder charges.

Williamson told Judge Jim Ogle of the provincial court that having Rider in Edmonton is making it very hard to communicate with him especially for Calgary defence lawyer Balfour Der, who is acting as the lead counsel for his defence.

The lawyer added that they would have to meet with Rider several times which is why they need him to be in Calgary.

Judge Ogle said he will make the order, although he is hesitant about doing so and he wants to know first the impact of such move from remand officers.

Final arguments submitted for woman killed by snow plow

Posted Jan 16, 2016 on edmontonjournal.com

Final arguments have been submitted to the court on the death of 39 years old Claudia Trindale who was hit by a snow plow driven by Douglas James Zaboroski towards the end of January last year.

During the incident, the 52-year-old Zaboroski ran a stoplight, turned right and hit Trindale who was on the crosswalk.

Unaware that he had hit Trindale, Zaboroski had gone on until someone had called his attention to what happened.

Trindale was taken to the hospital where she succumbed days later to the injuries she suffered at the incident.

Thus Zaboroski was charged with careless driving, failing to stop at a red light and failing to yield to a pedestrian in a crosswalk.

Edmonton defence lawyer Edmond O'Neill claims that it was an accident and not negligence on the part of his client.

O'Neill is not arguing that his client did ran a stop light but he is asking to acquit him on the other two charges.

According to O'Neill, with the massive size of the snow plow, it was understandable for Zaboroski to assume that people would see it and promptly give way to the vehicle.

Trindale, however, had on a hooded parka and had earphones stuck to her ears.

The Crown argued that Zaboroski's assumption was not a defence and that instead of stopping, he decided to ran the red light.

Zaboroski will have to wait and see next month for his fate with the verdict expected to be given out on February 3.

Lawyer of Mac store killing suspects urges for case to proceed

Rauf is representing Laylin Delorme, who along with Colton Steinhauer, is facing serious criminal charges including first-degree murder.

The two are suspects in the killing of two clerks of a Mac store last month.

Rauf said that he wants the case expedited because his client has been in custody since December and that he finds the month-long delay unreasonable.

Delorme has been scheduled to next appear in court on January 29 which may result to the scheduling of his preliminary hearing.

Steinhauer, for his part, has been instructed to communicate with legal aid after he told the judge that his lawyer had cancelled him out.

A boy aged 13 years old has also been charged along with Delorme and Steinhauer.

Calgary lawyers worried for their clients' health

Posted Jun 30, 2015 on www.huffingtonpost.ca

Calgary lawyers Shamsher Kothari and Stephen Bitzer are asking for a sentence of between eight to 10 years for their clients who have been convicted for their involvement in a Ponzi scheme considered as one of the biggest in Canada.

Kothari fears that his client, Milowe Brost, 61, might die in jail due to his poor health should he be given a longer sentence.

Bitzer, for his part, said that even a 10-year sentence is too long for his 71-year-old client, Gary Sorenson.

The lawyer added that 10 years is akin to a life sentence for Sorenson at his age.

Brost and Sorenson were convicted last February of fraud and theft while Brost was also found liable of laundering money.

The sentencing judge is expected to make a decision later as the court has yet to review about 800 requests for restitution from victims.

Mom gets a 15-year sentence for neglecting daughters

Posted Mar 06, 2015 on globalnews.ca

Just like her husband, the mother of twin girls, 2, admitted to manslaughter and aggravated assault that netted her a 15-year stay in prison.

Both girls were not only starved and neglected, they were also beaten by the mother and one of them eventually died in the hospital.

Judge Eric Macklin said he cannot make a conclusion on whether it was depression or a mental illness that made the mother treat her twin girls that way.

The mother's inability to cope with the family's transfer from Algeria to Canada was probably what pushed her to commit the horrible acts toward her children, the judge added.

The father, who was tried and sentenced separately, also received a 15-year sentence earlier. Despite not having a hand in the physical harming of the twins, he was guilty of just letting the girls suffer without doing anything about it.

The Crown had wanted a sentence of between 23 and 25 years, however, Edmonton defence lawyer Daryl Royer pleaded for mercy for his client and cited that cases of the same nature only received a maximum sentence of 16 years and below.

The couple had another child, a son who was well taken cared of but he along with the remaining twin has been taken and placed under foster care.

Canada Lawyer News

Vancouver lawyer overjoyed with decision against marijuana law

Vancouver lawyer Kirk Tousaw is very much pleased with Federal Court Judge Michael Phelan who decided that the law on marijuana is unconstitutional.

In his decision, Phelan said that not allowing medical users in getting marijuana from other than producers who are licensed is a violation of their charter rights.

Tousaw sees the decision as a milestone and a big boost for patients who are using cannabis as medication.

With the decision, the lawyer is urging Canada's Prime Minister to immediately stop criminally sanctioning patients using cannabis as a medicine, as well as those unlicensed providers.

According to Phelan, restricting the access did not lessen the risk to the patients' health nor did it make cannabis more accessible.

The judge, in his decision, called upon the Canadian government to make the marijuana law flexible so as to pave way for patients to grow their own marijuana for medical purposes.

Manufacturer knew Cold-FX wasn’t effective, says lawyer

Posted Feb 02, 2016 on globalnews.ca

John Green, a litigator in Vancouver, is alleging that Valeant Pharmaceuticals know that the Cold-FX was not much of a remedy for cold and flu but decided to withhold this vital information.

Green is spearheading a class action lawsuit against the manufacturer of Cold-FX which he filed in British Columbia and Saskatchewan, for falsely claiming that by taking it, one's immune system will be boosted therefore staving off an onset of cold or flu.

The lawyer has also alleged that research do not support the claims of the Cold-FX manufacturer.

The lawsuit, which was initially filed back in 2012, is now awaiting certification from the B.C. Supreme Court.

The lawsuit, however, has no claim amount. Green explained that this is because the lawsuit covers every box of Cold-FX sold under the false claim.

Should it be proven that indeed the Cold-FX does not relieve cold and flu and that its manufacturer lied about it, then Canadians could asked to be refunded for the boxes of Cold-FX they bought.

No other option but to sue - Calgary lawyer

Posted Jan 20, 2016 on calgary.ctvnews.ca

Jeff Kahane, a lawyer in Calgary, said that there is no other option for disgruntled clients but to file a lawsuit against contractors who have abandoned them.

The Calgary General Contractors (CGC) has closed shop leaving several unfinished projects in its wake and putting house owners who have contracted them to renovate their homes at a disadvantage as they have already made payments.

In a statement sent to CTV News, a lawyer for CGC said that the contractor tried to stay afloat but it eventually had to close as a result of the declining economy.

Kahane said that in such situation, clients have no other choice but to file a lawsuit against the contractor.

Filing such a case would be worth it that is if the company has any assets left or any more collectibles.

Kahane advised that for renovations, it would be better to pay as work is done rather than paying in advance.

Cocaine turns out to be a dud

Posted Apr 03, 2015 on www.therecord.com

A drug charge against Shane Achilles was withdrawn after a powder seized from him and thought to be cocaine turned out to be Metamucil, a laxative.

With that, Achilles is set to get back about $2,000 that police seized from him believing the money was earned in a drug deal.

However, Achilles was not off the hook as he admitted to evading police who chased him. He also violated traffic rules in the process.

He submitted a guilty plea to driving while disqualified and failing to stop for police.

He received a 105 day-jail sentence and a three-year driving ban.

Kitchener criminal lawyer Hal Mattson, who defended for Achilles, said his client had an unsavory upbringing having been brought up by a single mother, who moved around Ontario a lot. Afterwards, he mostly grew up on the streets.

He had gone clean about five years ago but went back to using drugs last year.

Man convicted in 17 of 22 charges related to a shootout

Posted Mar 06, 2015 on www.castanet.net

Michael Edward Ellis has been convicted of several charges for his part in a police chase and shootout incident in July of 2012.

Ellis has submitted a not guilty plea to 22 charges in relation to the incident but he was found guilty in 17 of those charges.

During the incident, Ellis was identified as one of the three people whom police were chasing for an hour.

Among the charges Ellis was found guilty of were firearm charges. He was, however, acquitted of the charges related to murder.

In Ellis' defence, Victoria BC criminal lawyer John Gustafson told the court that his client's involvement in that incident was only forced. Even one of his companions testified as much.